This chapter shall not apply to the following land-disturbing activities:
(A) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to:
(1) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
(2) Dairy animals and dairy products.
(3) Poultry and poultry products.
(4) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats.
(5) Bees and apiary products.
(6) Fur producing animals.
(B) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in "Forest Practice Guidelines Related to Water Quality" as adopted by the Department. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with "Forest Practice Guidelines Related to Water Quality," the provisions of this chapter shall apply to such activity and any related land-disturbing activity on the tract; and
(C) Activities for which a permit is required under the Mining Act of 1971, G.S. Ch. 74, Art. 7.
(D) (1) Land-disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. § 113A-56.
(2) The Commission shall have jurisdiction, to the exclusion of local governments, to adopt rules concerning land-disturbing activities within the city limits that are:
(a) Conducted by the state;
(b) Conducted by the United States;
(c) Conducted by persons having the power of eminent domain;
(d) Conducted by local governments; or
(e) Funded in whole or in part by the state or the United States.
(E) For the duration of an emergency; activities essential to protect human life and/or property.
(Ord. 13-34, passed 11-26-2013)